JAYLYNN, INC. v. STAR SUPERMARKETS


75 Misc.2d 542 (1973)

Jaylynn, Inc. et al., Plaintiffs, v. Star Supermarkets, Inc., Defendant.

Supreme Court, Monroe County.

October 3, 1973


Attorney(s) appearing for the Case

Brennan, Centner, Palermo & Blauvelt (Peter M. Blauvelt of counsel), for defendant. Gwertzman, Sessler, Nagelberg, Goldstein & Pfeffer (Irwin Asofsky of counsel), for plaintiffs.


MARSHALL E. LIVINGSTON, J.

This is a motion by defendant (Star) for summary judgment dismissing the complaint on the merits upon the grounds that there are no triable issues of fact, or in the alternative, summary judgment in favor of Star against the plaintiffs (Jaylynn) on the counterclaim.

The pleadings in the action, the motion papers, a copy of the lease which is the basis of this controversy, and a transcript of an examination before trial...

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